The Right to Health in International Law
OUP Oxford, 12.01.2012 - 416 Seiten
The link between health and human rights has been recognised for many years, but the increasing visibility of the right to health in international law has been a distinct feature of the last decade. It has been embraced by actors within civil society, academics, health professionals, lawyers and courts in several jurisdictions as a tool to address health inequalities at the local and global level, in matters ranging from access to medicines and the availability of affordable health care to sexual and reproductive health. But it has equally been the subject of derision and scorn by human rights sceptics who have described it as lacking foundation, nebulous, and incapable of implementation. This book seeks to offer a comprehensive discussion of the status and meaning of the right to health in international law. It traces the history of this right to reveal its nexus with public health and the long-standing recognition that a State has a responsibility to attend to the health needs of its population. It also offers a theoretical account of its conceptual foundations which challenges the position held by many philosophers that health is undeserving of the status of a human right. By developing an interpretative methodology, the book provides a persuasive account of the meaning of the right to health and the obligations it imposes on States. This process reveals an understanding of the right to health that, while challenging, remains practical and capable of guiding States that are genuinely committed to addressing the health needs of their population.
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1 Charting the History of the Right to Health
2 The Right to HealthIts Conceptual Foundations
3 A Methodology to Produce a Meaning for the Right to Health
4 The Meaning of the Highest Attainable Standard of Health
5 The Obligation to Recognize the Right to Health by All Appropriate Means
6 The Progressive Obligation to Realize the Right to Health
7 Specific Measures Required to Secure the Right to Health
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access to medicines adolescents adopted approach assessment breastfeeding CEDAW CEDAW Committee Chapter child circumcision CO CRC co-operation concern Convention Cultural Rights Declaration discussion diseases Doha Declaration drafting history economic and social effective ensure entered into force ESC Committee female genital cutting Female Genital Mutilation Global health in international highest attainable standard Hum Rts human rights treaty ibid ICESCR impact implementation individuals Intellectual Property International Covenant international human rights international law international obligation interpretative community issue justify meaning measures required minimum core obligations Moreover mortality paras parents parties Philip Alston prevent primary health principle protect public health realization reasonable recognized relevant Report reproductive health respect right to health rights treaty monitoring scope secure the right Social and Cultural social rights Special Rapporteur standard of health system coherence treatment treaty monitoring bodies UDHR UN Doc UNICEF VCLT women World Health Organization